State v. Lisa L. Payne, 2010AP1995-CR, District 3, 12/20/11 court of appeals decision (not recommended for publication); for Payne: Eric R. Pangburn; case activity The court, in imposing a sentence to prison confinement term of 13 months, expressly took into effect the possibility that Payne’s medical needs would not “be addressed adequately in a county… Read more
H. Modification/Review
on review of unpublished decision; for Frey: Devon M. Lee, SPD, Madison Appellate; case activity Sentencing Discretion – Reliance on Dismissed Charge Issue (composed by On Point): Whether sentencing discretion was erroneously exercised by undue reliance on, including unfounded inferences drawn from, a charge dismissed “outright.” Frey was charged with sexually assaulting two girls. Both testified at the… Read more
Nielsen sanction after show cause (summary order, not citable), on remand from State v. Nielsen, 2011 WI 94 Sanction for Incomplete Brief Appendix The appellant’s brief argued that the circuit court failed to fulfill the mandate articulated in State v. Gallion, 2004 WI 42, 270 Wis. 2d 535, 678 N.W.2d 197, to explain the rationale for… Read more
State v. Lavalle Rimmer, 2010AP2680-CR, District 1, 11/22/11 court of appeals decision (not recommended for publication); for Rimmer: Christian C. Starner; case activity The sentencing court did not actually rely on concededly inaccurate information, therefore Rimmer isn’t entitled to resentencing. Methodology for analyzing inaccurate-information issue recited, ¶¶11-16. Court suggests that something akin to explicit reference to… Read more
State v. Alok Kumar, 2010AP2703-CR, District 1, 11/8/11 court of appeals decision (not recommended for publication); for Kumar: Robin Shellow, Michael E. O’Rourke; case activity Sentence to presumptive minimum (5 years confinement) for using a computer to facilitate a child sex crime, § 948.075(lr), is upheld as a proper exercise of discretion, against Kumar’s arguments that the sentencing… Read more
Miller: SCOTUSblog page; consolidated with Jackson: SCOTUSblog page Question Presented (from SCOTUSblog): Whether imposing a sentence of life without possibility of parole on an offender who was fourteen at the time he committed capital murder constitutes cruel and unusual punishment in violation of the Eighth Amendment. Sound at least vaguely familiar? It should: our supreme court resolved… Read more
State v. Toronee L. Kimbrough, 2010AP2676-CR, District 1, 10/25/11 court of appeals decision (not recommended for publication); for Kimbrough: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity The court rejects Kimbrough’s challenge to sentence, as based on 3 instances of alleged inaccuracies: the sentencing court’s reliance on the co-defendant’s statements as suggestive of Kimbrough’s own failure to… Read more
State v. Altonio Laroy Chaney, 2011AP207-CR, District 1, 10/25/11 court of appeals decision (not recommended for publication); for Chaney: Angela Conrad Kachelski; case activity; prior appeal: 2008AP395-CR Chaney’s argument that an eyewitness had recanted his version of having seen Chaney sexually assault the victim didn’t satisfy the new factor test for sentence modification: the sentencing court… Read more
